Jurisprudencia y Ciencias Sociales
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Item Rol de la justicia indígena Ecuatoriana en los casos de extorsión en la Parroquia Toacaso(Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Torres Silva, Marilin Mishel; Vargas Villacrés, Borman RenánIndigenous justice has been a fundamental part of the life of indigenous communities since colonial times, based on customary law and ancestral traditions. In Ecuador, its importance and recognition have been reflected in the 2008 Constitution, especially in Article 171, which guarantees the jurisdictional functions of indigenous authorities to resolve internal conflicts according to their own rules and procedures, being crucial to understand how indigenous communities deal with crimes such as extortion within their jurisdiction. The objective of this research is to analyze the application of indigenous justice in extortion cases in the Toacaso parish, in order to understand the role it plays in the resolution of these cases. For this purpose, a qualitative methodology was used, employing descriptive, documentary or bibliographic research and field research. Data collection was carried out through interviews with indigenous authorities of the Toacaso parish and experts in the field. The results of these interviews revealed that indigenous justice focuses on reintegration and community harmony, using sanctions ranging from public apologies to economic compensation and symbolic physical punishment, in the same way they will act in extortion crimes even though this crime has not been known and resolved by the indigenous authorities before. In conclusion, indigenous justice has mechanisms to resolve any type of crime, but murder is not part of these mechanisms. In the case of the lynching of two alleged extortionists in the community of Plancha Loma, Toacaso parish, the indigenous authorities did not intervene in the lynching, so this fact cannot be attributed to indigenous justice since this justice system must guarantee the protection of human rights enshrined in the Magna Carta and international instrumentsItem La memoria ancestral desde la óptica constitucional en la aplicación del pluralismo jurídico(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Colcha Pillajo, José Luis; Espín Meléndez, María CristinaThe ancestral memory from the constitutional perspective in the application of legal pluralism, is based on the Andean symbols, which mark the philosophy of the original peoples of Ecuador, which predominate throughout history, as an entity of the cultural wealth of the past, present and future. Among the most outstanding symbols we have the chacana, also known as the Andean cross, which means the beginning and the end of humanity, which is based on the four basic elements such as: water, fire, wind and earth. All this marked its limits with the solstices and equinoxes that lead to the great philosophy of: do not lie, do not steal and do not be idle. In all stages of life in the phase of the earth, there have always been regulations that mark the development and form of government of each power, which today is known as human rights and all in search of a single constitution and world since it is based on the respect of the person for his life and dignified death. In every society in the world, whether of the primitive community or the most advanced such as imperialism or communism, is controlled by legislation based either on natural law or positive law, which must be respected, because each of them have a jurisdiction. own, as well as a right, which is known as Customary Law, because it is predominated and executed by the customs and traditions of its peoples. We will summarize that the ancestral memory acts as a vital element in the elaboration of the constituted power of the world's societies, therefore, there are different forms of government and of solving the problems that we call legal pluralism, which is a set of rules, norms and legally constituted systems